LexisNexis® Legal Newsroom
PBS Newshour Podcast on EB-5

"Millions each year apply for U.S. visas, hoping it will be the ticket to a better life. The process often takes years, and there are few guarantees of success. But what if you could buy your way to the front of the line? One visa allows investors willing to dish out half a million dollars a...

Want a Green Card? Invest in Real Estate

"For foreign investors who have the money, the [ EB-5 investor visa ] program can be an easy way to gain legal residency in the United States. In 2009, Yi Lin, 47, was working as a media executive in Shanghai when he began thinking of applying for a green card through the program. He spent two...

USCIS EB-5 Engagement on Thursday, June 4, 2015

" EB-5 Interactive Series: Expenses that are Includable (or Excludable) for Job Creation U.S. Citizenship and Immigration Services (USCIS) invites you to participate in the second engagement of the informational series “EB-5 Interactive” on Thursday, June 4, from 1 to 2:15 p.m. (Eastern...

EB-5 Class Action Lawsuit Filed: Zhang v. USCIS (Cash is Cash)

"This is a putative class action brought by immigrant investors who sought and were unlawfully denied the chance to immigrate to the United States pursuant to 8 U.S.C. § 1153(b)(5), known as the “Immigrant Investor Law” or “EB-5 Program.” ... Despite Plaintiffs’...

SEC Says Oil Co. Targeted EB-5 Investors In $68M Scheme - Law360

Law360, Los Angeles (July 6, 2015, 10:24 PM ET) -- "The U.S. Securities and Exchange Commission on Monday accused a Bay Area oil and gas company and its CEO of running a $68 million "Ponzi-like" scheme that targeted the Chinese-American community and Chinese nationals hoping to get a green...

SEC Charges EB-5 Fund Operators and Finders - Seyfarth Management Alert, July 13, 2015

"The Securities and Exchange Commission (the “Commission” or “SEC”) has become increasingly active in enforcing alleged violations of U.S. securities laws arising under the EB-5 Immigrant Investor visa program. EB-5 transactions — which are designed to result in the...

SEC Issues Cease and Desist Order To EB-5 Investment Companies: Matter of Ireeco

"]T]he U.S. Securities and Exchange Commission (SEC) issued a Cease and Desist Order ( the “Order” ) against two related companies for acting as unregistered broker-dealers in connection with the sale of securities under the “EB-5” Investor Program ( also sometimes referred...

Expert: EB-5 Sunset Date Keeps Attorneys Busy - Law360

Allissa Wickham, Law360, Aug. 4, 2015 - "With a key provision of the EB-5 Immigrant Investor Program slated to expire in September, some attorneys are giving up their summer vacations to cope with an onslaught of client requests — but the frenzy may be unwarranted, as many believe the program...

USCIS EB-5 Draft Policy Memo for Comment: Aug. 10, 2015

"This policy memorandum (PM) builds upon prior policy guidance for adjudicating EB-5 applications and petitions regarding the job creation requirement, and the requirement to sustain the investment during the conditional residence period." - Draft PM-602-0121; Posted: 08-10-2015; Comment period...

SEC Granted TRO in Wa. EB-5 Regional Center Lawsuit: SEC v. Path America

Here is a link to a PDF combining the Complaint (pages 1-17) and the TRO (pages 18-27) issued Aug. 24, 2015 in SEC v. Path America, No. 2:15-cv-01350-JLR, W.D. Wa. Excerpts: "Since February 2012, defendants Lobsang Dargey; Path America, LLC; Path America SnoCo LLC; Path America Farmer’s...

How WIll New FINRA Rules Affect EB-5?

Payments to Unregistered Persons SEC Approves Consolidated FINRA Rules 2040 (Payments to Unregistered Persons) and 0190 (Effective Date of Revocation, Cancellation, Expulsion, Suspension or Resignation), and Amendments to FINRA Rule 8311 (Effect of a Suspension, Revocation, Cancellation, or Bar) ...

Expert: Congress Will Probably Renew EB-5 Investor Visa Program

Alana Semuels, The Atlantic, Sept. 21, 2015 - "Getting an EB-5 visa might get a little bit harder, though, depending on what Congress decides to do next. [ Cornell law professor and LexisNexis expert author Stephen] Yale-Loehr thinks there’s not enough time for Congress to make major changes...

Expert: 85% of EB-5 Investors from China

Rosalie Murphy, Desert Sun, Oct. 30, 2015 - " At least 85 percent of EB-5 investors come from China, according to Cornell University immigration law professor Stephen Yale-Loehr . Part of the appeal of immigrant investor programs such as EB-5, he explained, is that investors can secure visas not...

Expert: EB-5 Investor Visa Program a 'Four-Way Win'

Scott Kraus, Morning Call, Oct. 31, 2015 - "If it is done correctly it is a four-way win," said Yale-Loehr, who founded Invest In the USA, a trade association that promotes the EB-5 program. "We get new jobs for U.S. workers; No. 2, those jobs are at no expense to U.S. taxpayers; three...

Expert: Senator Feinstein's Call to End EB-5 Investor Visa Program Won't Get Support

Kathleen Pender, Nov. 4, 2015 - "Sen. Dianne Feinstein has called for an end to the controversial EB-5 regional center program that lets foreign nationals get green cards for themselves and their families if they invest at least $500,000 or $1 million in a U.S. business that creates or preserves...

SEC Announces EB-5 Enforcement Actions

SEC, Dec. 7, 2015 - "The Securities and Exchange Commission today announced a series of enforcement actions against lawyers across the country charged with offering EB-5 investments while not registered to act as brokers."

Steve Yale-Loehr on Trump, EB-5

LexisNexis immigration law expert author and Cornell law professor Steve Yale-Loehr is in the news regarding Donald Trump's Muslim ban proposal ( here and here ) and the EB-5 investor visa program ( here .)

Expert: Almost 90% of EB-5 Investors from China

China Daily, Mar. 9, 2016 - "Investors from China currently account for almost 90 percent of all EB-5 investors," Stephen Yale-Loehr, a law professor at Cornell University , told China Daily. ... Originally, few people immigrated to the U.S. using EB-5. As late as 2008, only 1,000 people a...

Expert: EB-5 Investor Visa Applications Surge

China Daily USA, Mar. 29, 2016 - "The EB-5 program received applications from 17,691 investors in 2015, up from 11,744 in 2014 and 6,554 in 2013, according to the US Citizenship and Immigration Services (USCIS). "(USCIS) announced last week that the number of EB-5 petitions currently pending...

SEC Case Freezes Assets of Ski Resort (Jay Peak) Steeped in Fraudulent EB-5 Offerings

SEC, Apr. 14, 2016 - "The Securities and Exchange Commission today announced fraud charges and an asset freeze against a Vermont-based ski resort and related businesses allegedly misusing millions of dollars raised through investments solicited under the EB-5 Immigrant Investor Program. The SEC’s...

LexisNexis Expert Author Stephen W. Yale-Loehr: Congress Should 'Mend, Not End' EB-5 Investor Visa Program

Cornell Law professor Stephen W. Yale-Loehr , co-author of the 'bible' of immigration law, Immigration Law & Procedure , recently commented on challenges to the EB-5 investor visa program: "Yale-Loehr acknowledged that there are opportunities for abuse, but he said oversight has improved...

Angelo A. Paparelli: All Checks but No Balances — The Systemic Failure to Protect EB-5 Investors

Angelo A. Paparelli, June 24, 2016 - "Several widely-publicized actions by the Securities Exchange Commission (SEC), and the inevitable litigation that has piled on in consequence, have pressure-tested the EB-5 ecosystem and found it defective. Simply stated, the system too likely and too often...

News Excerpts From the July 1, 2016, Bender’s Immigration Bulletin

Colorado Repeals Employment Verification Requirement | On June 8, 2016, Colorado Gov. John Hickenlooper signed a bill (House Bill 16-1114) repealing a state requirement that employers maintain a separate affirmation form and retain copies of documents presented when newly hired employees complete...

Wolfsdorf on Minors as Primary EB-5 Applicants

Bernard P. Wolfsdorf , Esq. and Joseph M. Barnett, Esq., June 27, 2016 - "This article should be read together with the blog co-authored with Catherine DeBono Holmes , Esquire, a top securities Lawyer, “ Suggested Procedures and Possible Options for Accepting Minors as Investors in EB-5 Investment...

Groups Urge EB-5 Investor Visa Program Reform - Letter to Congress

IIUSA, U.S. Chamber of Commerce, Real Estate Roundtable, EB-5 Investment Coalition, and American Immigration Lawyers Association, July 5, 2016 - "IIUSA joined leading EB-5 trade associations/coalitions ( U.S. Chamber of Commerce , Real Estate Roundtable , EB-5 Investment Coalition , and American...